MINUTES OF THE REGULAR SCHEDULED MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, AUGUST 10, 2004 6:00 P.M. – TOWN HALL

The regular monthly meeting of the Emerald Isle Board of Commissioners was called to order by Mayor Art Schools at 6:00 P.M.

Present for the meeting:  Mayor Art Schools, Commissioners Nita Hedreen, Robert Isenhour, Pat McElraft, Floyd Messer, and John Wootten.

Others present:  Town Attorney Richard Stanley, Town Manager Frank Rush, Asst. Town Manager/Finance Officer Mitsy Overman, Town Clerk Rhonda Ferebee, Planning Director Kevin Reed, and Town Engineer Greg Meshaw.

Others present:  Kyle Garner, Vice-Chair, TCC Down East RPO.

After roll call all who were present recited the Pledge of Allegiance.

4.  ADOPTION OF AGENDA

Motion was made by Commissioner McElraft to adopt the Agenda.  The Board voted unanimously 5-0 in favor.  Motion carried.

5.  PROCLAMATIONS / PUBLIC ANNOUNCEMENTS

Mayor Schools noted the following:

• Emerald Isle Fall Cleanup Day – Saturday, September 18 – 9 am – Western Ocean Regional Access
• NC Primary Run-Off Election – Tuesday, August 17 – Parks & Recreation Community Center
• Beach Jive After Five – Thursday, August 19 – 5:30 pm – Western Ocean Regional Access
• Fire Department “Fill the Boot” Campaign – Saturday, August 21 – 11 am – 2 pm – Bogue Inlet Dr / Emerald Dr
• Planning Board Meeting – Monday, August 23 – 6 pm – Town Hall Meeting Room
• Town Board Meeting – Tuesday, September 14 – 6 pm – Town Hall Meeting Room
• Dog Days of Summer Festival – Saturday, September 25 – 9 am-5 pm – Western Ocean Regional Access
• 1^st Annual Emerald Isle Triathlon – Saturday, September 25 – 8 am – Eastern Ocean Regional Access

Also it was noted that the Coastal Regional Management Authority would be picking up household hazardous waste at the Health Department Building in Morehead City. 

6.  CONSENT AGENDA

• Minutes – June 8, 2004 Regular Meeting
• Minutes – July 13, 2004 Regular Meeting
• Resolution Authorizing Final CAMA Grant Application – Western Ocean Regional Access Parking Lot Improvements
• Capital / Fixed Asset Policy

Motion was made by Commissioner Wootten to approve the Consent Agenda.  The Board voted unanimously 5-0 in favor.  Motion carried.

7.  PUBLIC COMMENT

There were no comments from the public.

8.  REGIONAL TRANSPORTATION PLANNING ISSUES

Kyle Garner, Vice-Chairman of the Down East Rural Transportation Planning Organization (DE RPO) Technical Coordinating Committee (also Havelock Planning Director and an Emerald Isle resident) addressed the Board concerning the three resolutions presented to the Board for their approval.  Mr. Garner gave a snapshot timeline indicating that 10 years ago lawmakers decided that something needed to be created for smaller communities to leverage their money into getting some of their projects funded.  He said about 4 years ago the state legislature created RPO districts, and we are in an area called the Down East RPO, basically made up of 7 or 8 counties that all come together sharing common goals or interests in road projects in trying to get projects moved ahead on the Transportation Improvement Program, and to get those plans funded.  

The following excerpt from Town Manager Frank Rush’s memo to the Board is provided for background:

Resolution Authorizing Membership in Down East Rural Transportation Planning Organization

The attached resolution signifies Emerald Isle’s participation in the Down East RPO.  The DE RPO is a regional transportation planning and advocacy organization that includes the counties of Carteret, Craven, Pamlico, Jones, and Onslow, and the municipalities in those counties. 

The DE RPO consists of a Transportation Advisory Committee (TAC) and a Technical Coordinating Committee (TCC).  The Transportation Advisory Committee (TAC) is the policy-making body of the RPO. This committee consists of elected officials from each county in the RPO region, along with one municipal elected official from each county to represent the municipal interests within that county. The NC Department of Transportation Board of Transportation members from Divisions 2 and 3 also sit on the TAC.

The Transportation Coordinating Committee (TCC) of the RPO serves as a technical support and recommendation-making body to the TAC. This committee is comprised of county and town managers, local planners, economic development professionals, NCDOT staff, local transit providers, military representatives, local transportation committee members, and other technical staff-level persons who deal with transportation issues on a daily basis.

If the Town of Emerald Isle joins the DE RPO, we will not have a designated representative on the TAC, as there is only one municipal slot per County (the Carteret County municipal representative is Mayor Jerry Jones of Morehead City).  The Town will, however, have a representative on the TCC, and my intention would be to assign Planning Director Kevin Reed to that group on behalf of the Town.  

Resolution Requesting US 70 Corridor Study

The Town has been asked to approve the attached resolution by the Down East RPO, and forward it to influential State leaders.  The resolution requests that NCDOT designate the US 70 corridor for a detailed study aimed at improving safety and traffic flow.

The stretch of US 70 from I-40 to Morehead City is often cited as an impediment to economic development efforts in Eastern North Carolina.  The presence of numerous traffic signals and driveway connections make travel along US 70 slower than other major highways in North Carolina, and the belief is that the lack of an efficient “limited access highway” impedes economic development in our area.  Although Emerald Isle is not suitable for large-scale industrial and commercial development, the tourism industry is dependent on quick, safe transportation routes in order to remain competitive with other tourism destinations in the State. 

(The southern NC coast is served by I-40, and the northern NC coast will soon be upgraded to a full limited access highway.)  In addition, economic prosperity in all of Eastern North Carolina translates into additional economic benefit for Emerald Isle, as an overall increase in wealth in that part of the State provides more disposable income to be spent in a tourism destination like Emerald Isle.

The requested US 70 Corridor Study will be a positive step toward the eventual improvement of this stretch of US 70, which would ultimately benefit the Town of Emerald Isle.

Resolution Requesting Assignment of Single NCDOT Staff Person to Highway 70 Corridor

The Town has also been asked to approve this resolution and forward it to influential State leaders.  Previously, NCDOT had targeted staff resources to work on US 70 issues, but has not filled a vacant position to focus on US 70.  The fear is that without adequate staffing at the NCDOT level that potential US 70 improvements will further languish with fewer results.

Following further discussion Motion was made by Commissioner McElraft to adopt the Resolution Authorizing Participation in Down East Rural Transportation Planning Organization.  The Board voted unanimously 5-0 in favor.  Motion carried.

Motion was made by Commissioner McElraft to adopt the Resolution Requesting US 70 Corridor Study.  The Board voted unanimously 5-0 in favor.  Motion carried.

Motion was made by Commissioner Wootten to adopt the Resolution Requesting Assignment of a Single NCDOT Staff Person to Highway 70 Corridor.  The Board voted unanimously 5-0 in favor.  Motion carried.

9.  BEACH DRIVING REGULATIONS

Town Manager Frank Rush addressed the Board noting there were three items presented tonight pertaining to beach driving.  He said the first was a formal ordinance that would amend Chapter 5 of the Code of Ordinances to adjust the beach driving regulations.  Mr. Rush said there were two versions of this ordinance presented for their consideration, one version being in the packets they received which basically would allow beach driving beginning on the third Monday in September and ending on the Thursday prior to Easter, regardless of when Easter occurs.  He said that ordinance in their packets also adjusts the time of day that beach driving could occur to a timeframe of 5 am to 9 pm, and it also includes several technical changes.  Mr. Rush said in addition he had placed an Alternative agenda item proposed by Commissioner McElraft.  He said that version basically includes a lot of the same changes, however, it does specify that beach driving would be allowed from September 15 until April 30 of each year.  The period of time from the Thursday prior to Easter until the Monday 8 days after Easter there would be no beach driving allowed.  Mr. Rush said this Alternate version did have the same 5 am to 9 pm timeframe available each day for beach driving. 

Mr. Rush said the other two items concerning beach driving consisted of a discussion of whether or not to open the Doe Drive emergency vehicle ramp to a general beach vehicle access.  He said a survey had been completed that indicated the existing travel lane at that access is split down the middle between the 10 foot easement on the Deer Horn Dunes side which is restricted to use by the property owners in that subdivision, and with the other half of the travel lane being on the 10 foot side of Sea Dunes which is open for public access.  Mr. Rush said if the Board decides to open that Doe Drive ramp for general beach vehicle access he would recommend they apply for a CAMA permit within the next few days, and make an effort to locate the travel lane solely on the 10 foot wide segment on the Sea Dunes side, which obviously requires grading, bulldozing.  He said if they decide to do that they may want to consider a couple of other items, one – making it a temporary general beach vehicle access ramp until such time that the Inlet Drive ramp is reopened, once the Bogue Inlet project is completed.  He said there had also been ideas about putting up a privacy fence to help the neighbors in that area. 

Mr. Rush said the last item was an amendment to the fee schedule.  He said in their packets they had an amendment that establishes minor changes to the permit fees and establishes a $40 fee for residents and property owners under age 65, and $80 fee for non-residents/non-property owners under age 65, and then everyone over age 65 would be free, and is the current practice everyone that is handicapped is entitled to a free permit.  Mr. Rush said there is an Alternate amendment to the fee schedule that would set the fees at $40 & $60 with the same breakpoint at age 65, and same special consideration for handicapped. 

Mayor Schools asked for any public comments to be made at this time.

Dick Eckhardt, 4304 Ocean Drive, stated this was a follow-up to a question he had sent to the Board in February when the issue of beach driving came back on the agenda.  He said his question was what has really changed?  He said the 11-member committee was appointed in 2000 to define the beach driving issues and recommend a course of action.  He said the committee made their recommendations to the Board in May of 2000 based a large part on a survey mailed to all property owners. He said of the 3,100 property owners who responded, 2 out of 3 owners indicated they either wanted beach driving season shortened or eliminated.  He said that two of the members who sat on the Board at that time said the Town owes the committee a debt of gratitude for their work, and along with other commissioners voted unanimously to strike a compromise to implement the current ordinances.  He referenced a photo taken in 2003 that he said gave an idea of the obstacles posed to children, handicapped wheelchairs and the turtle hatchlings.

Anne Huml, 303 Live Oak, said she served on the committee.  She said she listened with great interest to the amendments to what the committee worked very hard to come up with.  Her main concern was who would make sure people were in compliance, she felt if it wasn’t broken why were they messing with it.

Sally Waters, 104 Pinewood Place, stated as a member of the committee that they felt they had a compromise when they set up the current ordinances which have been in effect for 4 years.  She spoke of her concerns to the proposed compromise on tonight’s agenda, particularly regarding the nighttime extension.  She expressed her concerns due to the high tides, and asked how they would enforce the restrictions to this area particularly at night.  She asked if they would eliminate driving during these astronomically high tides or would they just hope people wouldn’t be out there then.  She felt even with current heavy fines people often in ignorance interfere with turtle nests.  She felt putting vehicles on the beach during September during hatching times and especially adding the hazard of adding vehicles in the dark was a bad idea.  She asked the Board leave the ordinance “as is” as she felt it was in the best interest of the residents.

Barbara Harris, 5710 E. Landing Drive, noted that the petition of 943 signatures provided to the Board had been signed before the weekly tourists arrived.  She said she was told the previous week that some citizens were talking to people on the beach now to see how they feel about driving on the beach.  She said this is July, people are here for the weeks’ vacation, no one has asked or wants to drive on the beach during summer, the fish migrate in the fall and the spring.  She didn’t understand their taking a survey in July.  She also mentioned asking one of the Board members why they were set on $80 permit fee, and was told to keep the young guys off the beach that want to impress the girlfriends.  She said it would also keep the 55 year old retirees on a pension off also.  Ms. Harris said most of the merchants circulated the petitions they received.  She felt the local merchants must have some help.  She said they had been told that Marine Fisheries had been contacted to stop the driving on the beach.  She reminded of what they did at the Point concerning the piper bird.  She didn’t feel our legislators would let the Marine Fisheries pick and choose what beaches to close or to give permits along the North Carolina coastline.  She said she thought the 2000 questionnaire was flawed, not intentionally, but unbalanced.  Ms. Harris read a portion of an email dated April 27, 2000 “we’ve mailed out 6300 surveys.  We’ve received 3000, and we have only entered 2000 into the database.  The highlights are 40% continue the policy, 27% eliminate driving and 32% recommend some degree of change.”  Remember 40% don’t want to change anything.  There is no sentiment from the respondents to increase the fees, maybe about 20%, however it was put into the final report by the committee it was quite different, 26% eliminate driving, 35% want to change, 39% continue the policy.  Ms. Harris felt to open the Doe Drive access would be good, and would help those who live down Coast Guard Road.  She stated that fishing was a sport that was enjoyed, as hunting, golf, tennis, deep sea fishing, and the beaches belong to all of the people.  She said past mistakes needed to be corrected and this Board had the power to make things right. 

Commissioner Wootten clarified that the email sent was an interim report based on data as it was coming in.  

Clint Routson, 9721 Green Glen Road, stated with respect to driving on the beach at night that he viewed this as a hazard that is unacceptable to many people.  He felt that with the ocean being so loud you couldn’t hear a vehicle approaching you.  He felt for that reason and the safety of the turtles he would request you leave the ordinance as it presently exists. 

Commissioner Messer commented that he spoke with Ms. Harris concerning the fees.  He said he had tried to be as open minded as he could be and listen to the people.  He said his vote tonight would be coming from those people, other than the fee.  He felt since the fees were raised, it eliminated over half the permits sold, and if we sold half the permits, then that meant there were half the number of people driving, and he thought if we lowered the permit fees again then there would be more driving out there.

Mr. Rush stated they would call Alternative Item A the version in their packets, and Alternative Item B would be the one left at the Board’s places tonight.

Commissioner McElraft said Commissioner Wootten asked people when the best fishing time was and they ranked September, May, and then April.  She said to be fair to both sides, she knew because of the tourists they couldn’t do May, but she had walked the beach in April for the past 4 years and she said there aren’t that many tourists except for Easter.  She said if they are looking for safety issues then she felt they could allow the beach driving for fishing in April.  She said they are eliminating 11 days of that time because of Easter.  She said at this time there is not a problem with the turtles.  She said they had addressed the problem, if they have an issue with the birds at the Point, Town Manager Rush can make a 10 day closing so she felt April was giving each side half of what they wanted.  She said September 15 is giving people half of what they want.  She also went to the issue of the fees, and the reason she wanted to change the fees was because the survey indicated that 80% of the people said they didn’t want it changed from $40, so the Town went up to $80.  She felt a compromise would be to come down to $60 and they may get a few more people who own this beach.  Commissioner McElraft said Emerald Isle doesn’t own this beach, the State of North Carolina residents do, and we’re charging them $80, twice the amount we charge an Emerald Isle citizen and she didn’t think it was fair.  She asked the members of the Board that they consider this timeframe.

Motion was made by Commissioner McElraft to adopt  the Alternative (Item B), the key elements being September 15 through April 30, with the exception of the Thursday before Easter until the second Monday after Easter, driving times 5 am until 9 pm. 

Commissioner Messer asked if the Town could close the beach at any time.  Mr. Rush stated that the ordinance as it is written gave him the authority to close the beach due to an environmental issue, or a safety issue.  Mr. Rush wanted to make the comment concerning either version of these ordinances that an agreement had been reached on the Waterbird Management Plan associated with Bogue Inlet, and one of the components of that plan is that there is a protected bird habitat area that will not be located any closer than 500 feet west of Bogue Court.  He said it would be his intention if the Board adopted one of these ordinances tonight that after April 1, no driving would be allowed beyond that point, for the purposes of the bird plan. 

The Board voted 3-2 in favor with Commissioners Hedreen, McElraft, and Messer voting in favor.  Commissioner Isenhour and Wootten opposed.  Motion carried.

Commissioner Wootten said they went through this process 4 years ago.  He said he had not seen a basis for change yet.  He mentioned petitions they had received from the rental agencies, who are the mainstay of our tourism industry to not change anything.  He said he had heard about this being a personal rights issue, but he felt this Board was elected to follow the wishes of the voters and the taxpayers first, and he felt they shouldn’t make wholesale changes here.  He felt what was done in the year 2000 worked.  He felt the most telling number was the percentage of all permits issued back in 2000, 15% went to Emerald Isle taxpayers, after they made changes 60% went to Emerald Isle taxpayers.  He said this reduced the numbers on the beach and there were more of our own taxpayers driving on the beach.  He felt they could tweak this and make it better by opening up September in some fashion to take advantage of peak fishing, driving at nights is beneficial to a lot of people, he would personally agree with going up until Easter, but he said this was a divisive issue, and if not handled right next election they would be standing here with another petition to eliminate driving on the beach.  He felt this would be palatable to a lot more people if they said to do week day driving in September and April and leave the weekends alone when more people are here for those extended periods of time. 

Town Manager Frank Rush clarified that on the first reading an ordinance requires a super majority to pass and become effective.  He said with the 3-2 vote there will be a second reading in the ordinance and that could occur at the September meeting or a special meeting. 

Commissioner Isenhour said the main issue to him was the safety issue.  He said he talked with several realtors, and he had heard that a lot of the oceanfront cottages are full during September, while a lot of kids are back in school, a lot of the preschoolers are not.  He mentioned someone had stated that kids going to the beach shouldn’t have to look both ways to cross the sand.  He said the possibility of an injury or death to a child from somebody driving on the beach was an issue he couldn’t get beyond. 

Commissioner McElraft said she wanted to do what was fair and she really felt the committee did not have a fishing interest on there, so she felt the committee was a little biased.  She felt the survey was good, but the front page with the tips information about what other town do, were leading the survey.  She felt if the survey had said in April if Easter week was eliminated, would they allow driving in April, it’s very important to the fishermen, that the survey would have come out differently.  She said she had no idea how important this was to the fishermen.  She had heard from the fishermen since then, and the handicapped, and the seniors.   She said in September they’ll watch the turtles, rope them off with fluorescent tape.  She said she had heard from 3 or 4 of the turtle watchers who said that it was imperative they open beaches up for the fishermen in September, they would take care of and nest sit those turtles at night.  She felt this resolved the turtle issue.  She said regarding the safety issue, they are in better shape because they are opening up another access.  She felt those wanting to go to the Point would go to the new access.  She felt this was the fair thing to do with a Town this split on an issue. 

Commissioner Hedreen said she had talked with several Commissioners who like herself agonized over this.  She said it all came down to what is the right thing to do.  She said she had considered every aspect, intellectually and from her heart.  She still felt compelled to recall our history.  She said we started and were found by fishermen that came over by ferry.  They brought everything they needed for the weekend or the week, the roads weren’t even paved part of the time.  She said yes we do have to change, and that is what we have done.  She said we have modified the driving so that when the most people are here, the fishermen are not driving on the beach.  Commissioner Hedreen said she was a business owner here in a tourist business, and still had one, and she knew that they leave by the middle of September.  She said there are still pockets here and there, and the oceanfront is still busy, but the business owners cry out that it’s over, and how would they make it through the winter.  She felt April was mainly surfers and fishermen surf fishing, along with walkers when it’s warm.  She felt this was the right thing to do, and she felt she had done what she felt was right. 

The Board discussed the Doe Drive ramp with Town Manager Frank Rush.  Mr. Rush indicated that at this time he needed direction as to whether or not they wanted to go ahead and apply for the CAMA permit.  Mr. Rush said if the Board gave him the authority to apply for the CAMA permit, and the CAMA permit was secured, he could then go on and take action without coming back before the Board. 

Commissioner Messer wanted it to be clear that this was a temporary situation. 

Mr. Rush said that Town Attorney Richard Stanley had recommended posting signs indicating that this would be temporary until the Inlet Drive reopened at such time that the Point stabilized. 

The general consensus of the Board was for the Town Manager to apply for the CAMA permit, and proceed with construction, fencing and signage. 

Motion was made by Commissioner Wootten to adopt the amendment to the fee schedule as presented in packets, with $40 under 65 years of age for taxpayers, and $80 under 65 years of age for non-taxpayers.  The Board voted unanimously 5-0 in favor.  Motion carried. 

Motion was made by Commissioner Hedreen to reconsider the adoption of the Alternate ordinance amending Chapter 5 – Beach and Shore Regulations to adjust beach driving regulations.  The Board voted 4-1 in favor, with Commissioners Hedreen, McElraft, Messer, and Wootten voting in favor.  Commissioner Isenhour opposed.  Motion carried.

Motion was made by Commissioner McElraft to adopt  the Alternative (Item B), the key elements being September 15 through April 30, with the exception of the Thursday before Easter until the second Monday after Easter, driving times 5 am until 9 pm.  The Board voted 4-1 in favor, with Commissioners Hedreen, McElraft, Messer, and Wootten voting in favor, Commissioner Isenhour opposed.  Motion carried.

10.  ORDINANCE AMENDING CHAPTER 16 – STORM WATER MANAGEMENT – TO REVISE REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION

Greg Meshaw, Town Engineer, addressed the Board providing a detailed explanation of proposed revisions that pertain primarily to storm water management requirements for residential construction. 

(A copy of the “clean version, and the “marked up” version of the ordinance is attached to and incorporated into the minutes).

To follow is an excerpt from Planning Director Kevin Reed’s memo to Town Manager Frank Rush for background:

The proposed amendments are patterned after the State’s stormwater regulations with a few exceptions.  One exception is that the proposed amendments require that stormwater control measures be designed for 2” of rainfall, while the State only requires the first 1” to 11/2” be retained onsite.  A second exception is the percentage of lot that is impervious vs. lot size threshold which requires a plan to be designed by a licensed professional.  The State requires any lot with an impervious area of 25% or greater to have an engineered stormwater plan.  The proposed amendments set the threshold for engineered plans at 15%.  This number was chosen after an analysis of actual building activity in the Town.  The following chart depicts a sampling of recent projects and includes the general location of the development, lot size, amount of impervious area and percentage of lot that is impervious area.

The 15% threshold is presented for discussion purposes, the Board may wish to establish another figure for this threshold. 

The proposed amendments allow for stormwater activities to be permitted under one of three options.  The first is a project permitted by the North Carolina Department of Natural Resources (NCDENR Permitted Projects).  The second is the Low Impact Option and the third is the Engineered Plan Option.  Any project classified as a NCDENR Permitted Project will not have to undergo additional review by the Town provided the required documents are submitted.  Low Impact Projects do not have to be designed by a licensed professional.  The Engineered Plan Option requires the services of a licensed professional. 

The amendments also retain two criteria set forth in the current Town requirements.  The first is that if more than an average of 2 feet of fill is brought onto a lot, then the stormwater plan must be designed by a licensed professional.  The second is the provision within the Code that allows for the filing of up to 1,000 square feet of wetlands without mitigation efforts being required. 

Motion was made by Commissioner Hedreen to open the Public Hearing.  The Board voted unanimously 5-0 in favor.  Motion carried.

Clint Routson, 9721 Green Glen Road, asked if the Town had stopped requiring any sort of plan in relation to storm water.  He also asked Mr. Reed about the requirement for downspouts and gutters.

Mr. Reed said they had been enforcing the ordinance as it is written now, and using the standards in the current ordinance.  Mr. Reed stated that the ordinance requires that you retain the first 2” on site, there are a variety of options to use, the inherent problem is the fact that when a homeowner and developer begin to do calculations and put something into a drywell, that is when the State Board of Examiners says they are practicing as an engineer. 

Mr. Routson questioned Mr. Meshaw concerning the reference to low density and high density options. 

Mr. Meshaw said the only time you are required to get a state coastal storm water permit is if you’re disturbing more than an acre in this coastal county, and/or you have to have a CAMA major permit.  He said if you didn’t fit either one of those two milestones, then a state permit is not required, but they want you to get a town permit. 

Mr. Routson said the state will allow you to have 24% impervious without having any designed stormwater system.  Mr. Meshaw said they don’t care what is done from their standpoint if you don’t need an erosion control permit or a CAMA major. 

Mr. Routson said but if you come to the town directly then you are now restricted by 15% limitation.  He felt the percentage problem will most impact the smaller lots.  They are the one who will really see the difference.

Mr. Routson said he had fought against this ordinance as it exists right now, but at that time the engineers, Moffat & Nichol, felt based on the existing build out, they didn’t believe that the additional build out of the residential lots would impact the stormwater situation. He said he would fully support if they said everybody had to go to an engineered stormwater plan, if you already exist you had to do it, so it’s fair to everybody.  He said what they are proposing to do is impose that requirement on those folks coming in at the last, having bought their lot a long time ago, or just bought it now, and their lot is an island in the middle of everyone else, they have to contain their stormwater and everyone else’s just runs everywhere.  Mr. Routson said the history before this was there was a reference in the ordinance to residential but the Town never enforced, so not until last year did this ever come into play with residential property.  He said it was there but completely ignored.  Mr. Routson also commented on the fill issue.  He referenced Section 16.8 concerning wetland impacts and questioned the language that appeared to have been carried over concerning drywells.  His other comment was that depending on what they do with the other provisions there are considerable restrictions in relation to wet detention pond requirements and also dry retention infiltrations systems. 

Motion was made by Commissioner Isenhour to close the Public Comment.  The Board voted unanimously 5-0 in favor.  Motion carried.

Following discussion by the Board with Town Engineer Greg Meshaw, the decision was made to schedule a special meeting for the purpose of a workshop to continue discussion of the proposed revisions to Chapter 16 – Storm Water Management – to revise requirements for residential construction.

Mayor Schools called for a brief recess at 8:03 pm.

Mayor Schools called the meeting back to order at 8:09 pm.

 11.  ORDINANCE AMENDING CHAPTER 19 – ZONING – REGARDING DEAD END STREETS IN RECREATIONAL VEHICLE PARKS

Kevin Reed Planning Director explained to the Board this proposed ordinance amendment.  Mr. Reed noted the amendment would remove a requirement that dead-end streets in RV parks utilize a 60 foot diameter cul-de-sac, and instead require only adequate area for emergency vehicles to maneuver and turn around.  The design standards for public and private dead-end streets would not change.  Mr. Reed noted that the Planning Board at their meeting on July 26, 2004 voted unanimously to recommend to the Board of Commissioners that the amendment be adopted. Fire Chief Bill Walker had also expressed his concurrence with the proposed amendment. 

ORDINANCE AMENDING CHAPTER 19 – ZONING –

REGARDING DEAD-END STREETS IN RECREATIONAL VEHICLE PARKS

WHEREAS, the Town of Emerald Isle has previously enacted a zoning ordinance as one of its development tools, and

WHEREAS, the Town’s zoning ordinance contains site development requirements for recreational vehicle parks, and

WHEREAS, the Town regulates the design and construction of dead end streets within recreational vehicle parks, and

WHEREAS, the Town needs to amend its zoning ordinance in order to allow for flexible design standards for dead end streets while preserving adequate access for emergency vehicles,

NOW, THEREFORE, BE IT ORDAINED by the Emerald Isle Board of Commissioners that

1.  Section 19-225, Paragraph (i) of the Emerald Isle Code of Ordinances be amended to read as follows:

(i)  Cul-de-sacs or dead-end roads shall not exceed six hundred (600) feet in length measured from the entrance to the center of the turnaround.  Any road designed to be permanently closed shall be a turnaround at the closed end with a minimum right-of-way diameter of sixty feet have a turnaround that provides adequate access for emergency vehicles as approved by the Town’s Fire Department.

2.     The Town Clerk is authorized to number the section as set forth above and insert the same as appropriate in the Town Code.

3.     This ordinance shall become effective immediately upon its adoption.  If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Adopted this the _________ day of ____________________, 2004, by a vote of

Commissioner(s) ________________________________________________voting for,

Commissioner(s) ________________________________________________ voting against, and

Commissioner(s) _________________________________________ absent.

                                                                        ______________________________

                                                                        Arthur B. Schools, Jr., Mayor                                        

ATTEST:

_____________________________

Rhonda Ferebee, Town Clerk

Motion was made by Commissioner McElraft to open the Public Hearing.  The Board voted unanimously 5-0 in favor.  Motion carried.

There were no comments from the public.

Motion was made by Commissioner Wootten to close the Public Hearing.  The Board voted unanimously 5-0 in favor.  Motion carried.

Motion was made by Commissioner Wootten to adopt the Ordinance Amending Chapter 19 – Zoning – Regarding Dead-End Streets in Recreational Vehicle Parks.  The Board voted unanimously 5-0 in favor.  Motion carried.

12.  EMERALD ISLE PARKS AND RECREATION ASSOCIATION, INC.

Town Manager Frank Rush presented this item to the Board for their consideration.  The following is an excerpt from Town Manager Frank Rush’s memo to the Board providing background detail:

The Board of Commissioners is scheduled to consider three items associated with the newly created Emerald Isle Parks and Recreation Association, Inc. at its August 10 meeting.  Each of these items is time-sensitive, as the closing on the various land deals resulting in the use of the soundfront property in the 6700 block of Emerald Drive will occur on either August 11 or August 12.

I have attached a copy of the final survey indicating the property that will be conveyed to the Farrington brothers, the Chapel By The Sea, and the Emerald Isle Parks and Recreation Association, Inc.  (“the Association”).  The Association’s property totals 7.82 acres, including coastal marsh, and contains approximately 114 linear feet of road frontage along Emerald Drive. 

Review of Emerald Isle Parks and Recreation Association, Inc. Draft By-Laws

Town Attorney Richard Stanley has filed the Articles of Incorporation for the Emerald Isle Parks and Recreation Association, Inc., and the Association will begin to function once the Board of Commissioners appoints the Board of Directors. 

The Association will need to approve by-laws and select its officers at its first meeting, which must occur on August 11 or 12.  I have attached a copy of draft by-laws for the Association for your review.  These by-laws were drafted by Richard Stanley and I, and these will be presented to the Association’s Board of Directors for their consideration after the Board of Directors is appointed. 

The Board should note that the by-laws limit the Association’s authority to the park facilities at the soundfront property in the 6700 block of Emerald Drive only, and this authority will not extend to other park facilities in the Town of Emerald Isle.  The by-laws do vest ultimate decision making authority for future park development, management, and operations decisions to the Association, however, the Association will be limited to a large degree by funding constraints. 

In reality, I anticipate a close and cooperative working relationship between the Association and the Town of Emerald Isle, and the attached Memorandum of Understanding is presented to formally establish that relationship.

Memorandum of Understanding

The attached Memorandum of Understanding (MOU) is presented for the Board’s review and approval.  As noted above, the Memorandum of Understanding is intended to formally establish a close and cooperative working relationship between the Association and the Town. 

The MOU clarifies that ultimate park development and management decisions are the responsibility of the Association, however, the MOU does indicate that Town staff, most notably the Town Manager and Parks and Recreation Director, will provide technical assistance to the Association as-needed.  The MOU envisions a cooperative relationship between the Town and the Association to seek external grants for park development in future years, and Town staff will be available to assist in that process.  I also envision that the Town would appropriate funds to the Association for the local match on any park development grants awarded to the Association in the future.

The MOU also indicates that the Association contracts, at no charge, with the Town for park maintenance services, including mowing, trimming, cleaning, and other park maintenance activities.  The MOU further stipulates that the Town will make an annual appropriation, subject to available funding, for day-to-day operating expenses associated with the facility.  Town staff will also be available to assist with these functions.

Appointments – 3 or 5 Positions

The Board should appoint the members of the Association’s Board of Directors at the August 10 meeting.  The Board can appoint either 3 or 5 members initially, depending on the Board’s preference.  The by-laws stipulate that one member must be affiliated with the Chapel By The Sea, while the other 2 or 4 members must simply be residents of Emerald Isle.  The Board should also appoint the initial members to staggered terms.

If the Board appoints a 3 member Board of Directors, suggested slots are as follows:

            1 member – 3 year term

            1 member – 2 year term

            1 member – 1 year term

            All subsequent appointees would serve a 3-year term.

If the Board appoints a 5 member Board of Directors, suggested slots are as follows:

            2 members – 3 year terms

            2 members – 2 year terms

            1 member – 1 year term

            All subsequent appointees would serve a 3-year term.

After the Board of Directors is appointed, they should meet on either August 11 or 12 to select officers and take title to the 7.82 acre tract of land.  I have tentatively scheduled the Association’s first Board of Directors meeting for Wednesday, August 11 at 11 am, however, this meeting time can be modified if necessary or desirable.

Commissioner McElraft wanted to clarify that this association is for this one park only, the Chapel by the Sea area.  She wanted to clarify that any other park grant money or park decisions would be made through the Board of Commissioners. 

Mr. Rush stated that if there are decisions made for example for Emerald Isle Woods, or Blue Heron Park, or Merchants Park, those decision continue to rest with the town staff and the Town Board of Commissioners.  This association will only be dealing with matters pertaining to that 6700 block parcel at the Chapel by the Sea.  Mr. Rush said the Association will have final authority on that parcel, however, the Town Board will have certain limited controls regarding who serves on the board, and appropriations that may be made to that association so they can carry out their duties.  The Association will determine whether they have a soccer field, or pier, etc. Mr. Rush said they have no financial resources unless they secure grants or donations, or the Board of Commissioners provides money to them to do certain park development activities. 

Following discussion the Board expressed concurrence with the draft by-laws for the Emerald Isle Parks and Recreation Association, Inc.

Motion was made by Commissioner Isenhour to approve the Memorandum of Understanding between the Town of Emerald Isle and the Emerald Isle Parks and Recreation Association, Inc.  The Board voted unanimously 5-0 in favor.  Motion carried.

 Motion was made by Commissioner Wootten to appoint 3 members.  Reverend Clay Olsen to a 3 year term, Bernie Whaley to a 2 year term, Pete Allen to a single year term on the Board of Directors of the Emerald Isle Parks and Recreation Association, Inc.  The Board voted unanimously 5-0 in favor.  Motion carried.

Town Manager Rush noted the closing on the land would occur within the next two days.  He said they would be meeting tomorrow at 11 am at Town Hall to choose officers, approve the by-laws, and memo of understanding, and take any actions necessary.

13.  COMMENTS FROM TOWN CLERK, TOWN ATTORNEY, AND TOWN MANAGER

There were no comments from the Town Clerk.

There were no comments from the Town Attorney.

Town Manager Frank Rush stated that he had left the Moffat & Nichol report and the Coastal Planning & Engineering Monthly reports at their places.  Mr. Rush discussed the CPE report  - Bogue Inlet Project with the Board.  Mr. Rush discussed the Moffat & Nichol report concerning the revised bid strategies regarding the Coast Guard Road Flood Water Project Phase I.  Mr. Rush said the plan at this point if the Board agreed was to go out for bid again the beginning of October, and hopefully have a contract to award at their November meeting.  He noted he had a meeting set to meet with EPA & DWQ on site on October 20. 

Mr. Rush said they had some conceptual changes to the ordinance regarding JLUS on the July Planning Board agenda.  The Planning Board received the conceptual amendments favorably and the specific ordinance language would be on the Planning Board’s August agenda.  Mr. Rush said he met with NCDOT and there is funding in the DOT budget to put in brand new signals all through Emerald Isle, and to actually link the signals to be synchronized, that project will start early 2005.  He said they will also be extending the right turn lane as you come onto Emerald Isle and turn down Coast Guard Road. 

Mr. Rush said they had a request to contact Island Cat Allies to pick up feral cats instead of calling county animal control.  He said if the Board doesn’t object he planned on implementing that the next day.  The Board agreed. 

Mr. Rush finished by discussing the creation of wetlands situation on Coast Guard Road on the property donated to the Town pursuant to the agreement with the developer of the West End Subdivision.  Following discussion with the Board concerning options, the Town Attorney stated the Board could amend the stormwater ordinance to allow a governmental entity to mitigate the filling of wetlands in an off-site location.  The Board agreed with this suggestion

The Special Meeting for the purpose of a workshop to continue discussion of Chapter 16 – Stormwater was set for Monday, August 30, 2004 at 6:00 at Town Hall.

13.  COMMENTS FROM BOARD OF COMMISSIONERS AND MAYOR

Mayor Schools asked about the hearing concerning McCann vs. the Town.  Attorney Stanley said the judge asked for the minutes and the exhibits, and the Land Use Plan, he thought the judge was holding court August 23^rd and expected to hear from him then.

Commissioner Wootten asked if Mr. Rush could roll in information concerning the Phase II stormwater issues at the time of the special workshop meeting.

Commissioner McElraft had no comments.

Commissioner Messer had no comments.

Commissioner Isenhour had no comments.

Commissioner Hedreen had no comments.

Motion was made by Commissioner Messer to adjourn the meeting.  The Board voted unanimously 5-0 in favor.  Motion carried. 

The meeting was adjourned at 8:44 pm.

Respectfully submitted:

Rhonda C. Ferebee
Town Clerk